Patna High Court
Sanjay Kumar @ Sanjay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to the petitioners.
Summary
The petitioners, three brothers, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case registered under multiple sections of the Bhartiya Nyay Sanhita, 2023 for alleged assault and ransom demand. The prosecution alleged that the accused entered the informant's house, abused him, demanded Rs. 4 lakh, and assaulted him with weapons causing serious head injuries. The petitioners' counsel argued that the allegations were vague, the petitioners were innocent, and they had clean antecedents, offering to comply with any bail conditions. The State opposed the bail, presenting the injury report detailing multiple lacerated wounds on the informant. After reviewing the injury report and noting the direct involvement of the petitioners in the violent act, the court rejected the anticipatory bail, directing that regular bail may be considered if the petitioners surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS, 2023 in view of the alleged direct involvement of the petitioners in the assault.
- Whether the allegations in the FIR are sufficiently specific to justify denial of anticipatory bail.
- Whether the nature and severity of the injuries sustained by the informant preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyay Sanhita, 2023 — s. 110, 115(2), 118(1), 126(2), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Bhartiya Nyay Sanhita
- assault
- ransom demand
- injury report
- criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7569 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- Kotwali District- Darbhanga
======================================================
1. Sanjay Kumar @ Sanjay Mahto Son of Ayodhya Mahto Resident of
Mohalla- Museum Gumti (Station Road), P.S.- Kotwali, District- Darbhanga
2. Vishnu Kumar @ Vishnu Mahto Son of Ayodhya Mahto Resident of
Mohalla- Museum Gumti (Station Road), P.S.- Kotwali, District- Darbhanga
3. Pawan Kumar @ Pawan Mahto Son of Ayodhya Mahto Resident of
Mohalla- Museum Gumti (Station Road), P.S.- Kotwali, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Kotwali P.S. Case No. 80 of 2025, lodged on
01.09.2025, under Sections 126(2)/115(2)/ 118(1) /110 /74 /352
/351(2) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
six accused persons including the present petitioner. Allegation
Patna High Court CR. MISC. No.7569 of 2026(3) dt.01-04-2026
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against the accused persons that they came at the house of the
informant and started abusing the informant and demanded
rupees four lakhs ransom. On protest they assaulted the
informant with iron rod, dagger, farsa and lathi on his head due
to which the informant sustained head injury.
4. Learned Counsel for the petitioners submits that
the petitioners are innocent and have committed no offence. He
submits that there is no specific allegation against the
petitioners; rather allegations are general and omnibus. Counsel
submits that antecedent of the petitioners are clean and they are
ready to fulfill all the conditions whatsoever shall be imposed
upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that case-diary and injury
report have been received.
6. Upon perusal of the injury report it transpires that
the informant sustained multiple lacerated wound over left
frontal region, right parietal with left parietal region of scalp.
7. Considering direct involvement of the petitioner in
the occurrence and nature of injury, the anticipatory bail
application of the petitioners is hereby rejected. However, in the
event of surrender of the petitioners within four weeks from
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today, the prayer for regular bail shall be considered on the same
day without being prejudiced by the order of this Court.
(Dr. Anshuman, J)
Mkr./-
U T
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